Victorian Anti-vilification Legislation

Religious Freedom Concerns

The Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025 significantly expands Victoria’s anti-vilification laws. While its goal is to protect vulnerable groups from hate speech, many religious organisations – including Freedom for Faith – have raised serious concerns about its impact on religious freedom and free expression. 

Key Concerns 

Broad and Vague Definitions

The Act introduces terms like serious contempt, revulsion, and severe ridicule without clear definitions. This vagueness could lead to subjective legal interpretation and a chilling effect on religious speech.

Threat to Religious Teachings

Traditional religious views on topics such as sexuality and gender identity may be seen as vilifying, even if shared in a respectful and faith-based context. Faith leaders fear this could criminalise core religious beliefs and teachings.

Limited Religious Exemptions

While the Act provides exemptions for religious expression, these are limited to speech made “reasonably and in good faith.” This threshold is unclear and may not fully protect sincere religious speech, especially when it conflicts with prevailing views.

Watered down legal test 

In Australian law, the concept of a “right-minded” or “reasonable” person is often used in the context of legal tests, particularly in relation to bias and fairness. It refers to a hypothetical individual who is considered reasonable, impartial, and informed, and whose perspective is used to assess whether a decision or situation is fair and unbiased. This amended legislation lowers the bar to “a reasonable person with the protected attribute.” So, conduct that is reasonably likely to be considered harmful from the perspective of a person with that attribute – an entirely subjective test. 

Civil Complaints Risk

The civil provisions allow individuals to lodge vilification complaints via VCAT. There is concern this could be weaponised against religious individuals or organisations, resulting in costly legal battles and reputational damage.

Successful amendments  

The original bill was significantly amended to respond to religious freedom concerns raised by Freedom for Faith and faith communities, legal experts, and civil liberties groups.  

Key Amendments Protecting Religious Freedom 

• Expanded Religious Exemptions: The final version of the Act clarified that religious expression—such as preaching, teaching, and proselytising—is protected when it aligns with the doctrines, beliefs, or principles of a faith tradition. This protection applies if the speech is expressed “reasonably and in good faith,” providing reassurance for churches, schools, and faith-based charities. 

• Removal of Political Purpose Defence: A proposed clause allowing vilifying speech if made for a political purpose was removed. We argued this unfairly privileged political discourse over religious belief. Its removal ensured that religious and political views are treated equally under the law. 

• Contextual Protection (“Sam Kerr Clause”): The legislation now requires authorities to consider the broader social or cultural context in which speech occurs. While aimed primarily at protecting protest and marginalised voices, this also offers some protection for traditional religious teachings, especially where they are misunderstood or mischaracterised. 

• Requirement for DPP Consent: Police must now obtain consent from the Director of Public Prosecutions before bringing serious vilification charges. This measure provides a safeguard against frivolous or politically motivated prosecutions and ensures careful oversight. 

Remaining Concerns 

Despite these amendments, we remain cautious, and argue that: 

• Terms like “serious contempt” and “revulsion” are vague and may be applied inconsistently. 

• The “reasonably and in good faith” standard is subjective and could be used to challenge traditional teachings on marriage, gender, or morality. 

• The law may have a chilling effect on faith communities, especially smaller ones without legal resources to defend themselves. 

In summary, while the amendments improved the legislation’s balance between protecting vulnerable communities and upholding religious freedom, significant uncertainty remains about how the law will be interpreted and enforced.  

The Act was given Royal Assent in April 2025. Criminal provisions come into force in September 2025, and civil provisions will take effect in June 2026.

Freedom for Faith is calling for further safeguards to ensure genuine religious expression is not caught by laws intended to prevent hate.